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Name: People v. Mabini
Case #: B145692
District 2 DCA
Division: 6
Opinion Date: 09/27/2001
Subsequent History: None

Under Penal Code section 803, subdivision (g), if there is independent evidence which clearly and convincingly corroborates the victim’s allegation (among other requirements), the six year statute of limitations may be extended in a Penal Code section 288 prosecution. The court held that the testimony of one uncharged victim could, by itself, supply such corroboration. The offenses for the charged and uncharged victims contained many similarities. The court also rejected the contention that the clear and convincing standard required the jury to be instructed that such proof was “unequivocal.”